Page:United States Statutes at Large Volume 108 Part 1.djvu/200

 108 STAT. 174 PUBLIC LAW 103-227—MAR. 31, 1994 a sufficient number of applications to comply with such requirement. 20 USC 5890. SEC. 310. AVAILABILITY OF INFORMATION AND TRAINING. (a) INFORMATION AND TRAINING.— Proportionate to the number of children in a State or in a local educational agency who are enrolled in private elementary or secondary schools— (Da State educational agency or local educational agency which uses funds under this title to develop goals, State content standards or State student performance standards, curricular materials, and State assessments shall, upon request, make information related to such goals, standards, materials, and assessments available to private schools; and (2) a State educational agency or local educational agency which uses funds under this title for teacher and administrator training shall provide in the State improvement plan described in section 306 for the training of teachers and administrators in private schools located in the geographical area served by such agency. (b) WAIVER.—I f, by reason of any provision of law, a State or local educational agency is prohibited from providing for the equitable participation of teachers and administrators from private scnools in training programs assisted with Federal funds provided under this title, or if the Secretary determines that a State or local educational agency has substantially failed or is unwilling to provide for such participation, the Secretary shall waive such requirements and shall arrange for the provision of training consistent with State goals and State content standards for such teachers and administrators. Such waivers shall be subject to consultation, withholding, notice, and judicial review in accordance with section 1017 of the Elementary and Secondary Education Act of 1965. 20 USC 5891. SEC. 311. WAIVERS OF STATUTORY AND REGULATORY REQUIRE- MENTS. (a) WAIVER AUTHORITY.— (1) IN GENERAL.— Except as provided in subsection (c), the Secretary may waive any statutory or regulatory requirement applicable to any program or Act described in subsection (b) for a State educational agency, local educational agency, or school if— (A) and only to the extent that, the Secretary determines that such requirement impedes the ability of the State, or of a local educational agency or school in the State, to carry out the State or local improvement plan; (B) the State educational agency has waived, or agrees to waive, similar requirements of State law; (C) in the case of a statewide waiver, the State educational agency— (i) provides all local educational agencies and parent organizations in the State with notice and an opportunity to comment on the State educational agency's proposal to seek a waiver; and (ii) submits the local educational agencies' comments to the Secretary; and (D) in the case of a local educational agency waiver, the local educational agency provides parents, community groups, and advocacy or civil rights groups with the opportunity to comment on the proposed waiver.

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